NEW YORK LAW JOURNAL

Landlord Co-op Corporation Properly Terminated Proprietary Lease under Business Judgment Rule

May 23, 2023    

Landlord cooperative corporation sued to evict shareholder tenant after sending a notice to cure and tenancy termination notice. Landlord claimed nuisance by apartment occupants, who were tenant's licensees--her...

Landlord Didn't Properly Name Occupants in Nonprimary Residence Eviction Case

May 23, 2023    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The tenant was a nonprofit organization that provided supportive housing to adults with mental disabilities. Landlord also named "John Doe...

Poughkeepsie Court Finds Local Good Cause Eviction Law Void and Unenforceable

April 26, 2023    

Dutchess County landlord sued to evict tenant in its Poughkeepsie building for nonpayment of rent. Tenant asked the court to dismiss the case without trial and challenged his most recent increase of 5 percent over...

Tenants Didn't Prove Formerly Rent-Controlled Units Weren't Properly Deregulated

April 26, 2023    

Tenants sued landlord in a class action, claiming that they were rent controlled or rent stabilized. Former landlord bought the building in 1989 and listed the apartments in DHCR rent registrations as "...

ERAP Stay of Nonpayment Proceeding Applies to Section 8 Tenant

April 26, 2023    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant's rent was subsidized through NYSHC's Section 8 Housing Choice Voucher Program. After the case was commenced, tenant filed an ERAP...

Court Refuses to Vacate ERAP Stay Where Tenant Was Subsidized

March 24, 2023    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant lived in NYCHA Section 8 housing, so landlord sued tenant only for her portion of the outstanding rent. Tenant advised the court that she...

Tenant Can't Prove Harassment by Landlord Where Some Tenants Were Permitted to Smoke

March 24, 2023    

Tenant sued landlord in an HP proceeding, claiming that landlord had harassed her in violation of NYC Admin. Code Section 27-2005(d) by intending to cause her to move out. Tenant was 86 years old, suffered from COPD...

Landlord Served Holdover Petition Too Far in Advance

March 24, 2023    

Landlord sued to evict apartment occupant after tenant died or had permanently vacated the apartment, claiming that the occupant's license to live in the apartment had expired. Landlord filed its notice of...

Landlord Didn't Properly Serve 90-Day Termination Notice on Tenant

March 24, 2023    

Landlord sued to evict unregulated tenant after serving a 90-day termination notice on Dec. 27, 2021. Tenant asked the court to dismiss the case based on landlord's failure to properly serve the termination...

Landlord Improperly Relied on Prior Notice to Start Second Eviction Case

February 23, 2023    

Landlord sued to evict month-to-month tenant. Tenant asked the court to dismiss the case, claiming that landlord improperly served an old predicate notice from a prior proceeding before starting the case, rather than...

Nonprofit Can Sue Landlord for Source of Income Discrimination Against Prospective Tenants

February 23, 2023    

A nonprofit housing group sued landlords, real estate agents, brokerage firms, and property management companies, claiming intentional and willful source of income discrimination in violation of NY State and NY City...

Landlord's Defective Notices Resulted in Dismissal of Illegal Sublet Case

February 23, 2023    

Landlord sued to evict tenant for illegal subletting and overcrowding. Tenant asked the court to dismiss the case, claiming that landlord's notice to cure and termination notice were fatally defective. The court...